Filing Again After Chapter 7

If your last bankruptcy was a Chapter 7 case, you have two main paths forward: filing another Chapter 7 or filing a Chapter 13. Each path has a different waiting period, and understanding the difference can make or break your strategy.

Your Two Paths

Path 1: Chapter 7 After Chapter 7

8-year waiting period

Under 11 U.S.C. Section 727(a)(8), the court cannot grant you a Chapter 7 discharge if you received a Chapter 7 discharge in a case filed within the preceding 8 years. This is measured from the filing date of your prior case to the filing date of your new case.

There are no exceptions to this rule. If the 8-year period has not elapsed, a Chapter 7 discharge is not available to you. More on the 727(a)(8) bar.

Path 2: Chapter 13 After Chapter 7

4-year waiting period

Under 11 U.S.C. Section 1328(f)(1), the court cannot grant you a Chapter 13 discharge if you received a Chapter 7 discharge in a case filed within the preceding 4 years. Again, this is filing date to filing date.

This means that if the 8-year bar for another Chapter 7 has not passed, you may still be eligible for a Chapter 13 discharge after just 4 years. Learn about Section 1328(f).

The Chapter 20 Strategy

Some people who received a Chapter 7 discharge file a Chapter 13 case immediately afterward -- even within the 4-year window. This is informally called a "Chapter 20" case (7 + 13 = 20). In a Chapter 20 scenario, you know going in that you will not receive a Chapter 13 discharge because the 4-year bar under Section 1328(f)(1) has not passed.

Why would anyone do this? Because even without a discharge, a Chapter 13 case provides:

Automatic stay protection -- creditors must stop collection efforts while the case is open
Mortgage cure -- you can cure mortgage arrears through the Chapter 13 plan
Car loan cramdown -- you may be able to reduce your car loan to the vehicle's value
Tax debt repayment -- structured repayment of priority tax obligations

The Chapter 7 discharge eliminates unsecured debts (credit cards, medical bills), and the Chapter 13 plan handles the secured debts that survived. Courts generally permit this strategy, although some judges scrutinize Chapter 20 cases more closely.

What If Your Chapter 7 Was Dismissed?

If your Chapter 7 case was dismissed (not discharged), the waiting periods above do not apply. The discharge bars only trigger when you actually received a discharge. A dismissal means the case ended without a discharge, so you are free to file again without waiting for the 8-year or 4-year period.

However, be aware of the Section 109(g) filing bar, which can prevent you from filing any new case for 180 days after certain types of dismissals. Also, if your Chapter 7 was dismissed within the last year, the automatic stay in your new case may be limited under Section 362(c)(3).

Means Test Considerations

When you file Chapter 7, you must pass the means test under Section 707(b). If your income has increased since your last Chapter 7, you may not qualify for Chapter 7 this time. In that case, Chapter 13 may be your only option regardless of the waiting period.

Your prior bankruptcy will also affect how the court views your new case. Repeat Chapter 7 filings can draw heightened scrutiny from the U.S. Trustee, particularly if the cases are close together or involve similar debts.

Practical Considerations

Credit impact: A Chapter 7 stays on your credit report for 10 years. A second filing will further affect your credit timeline.
Creditor objections: Creditors may object to discharge under Section 523(a) if debts were incurred fraudulently or under false pretenses.
New debts only: Any debts that were discharged in your prior Chapter 7 are already gone. The new case will only cover debts incurred after the prior filing.
Exemptions: Your available exemptions may have changed since your last filing due to changes in state law or your residence.

Check your eligibility date

Enter your prior Chapter 7 filing date into our calculator to find out when you can file again.

Open the Calculator

Next Steps

If you received a Chapter 7 discharge and want to file again, start by finding your prior case filing date. You can look this up on PACER (the federal court records system) or contact your bankruptcy court clerk. Then use our date calculator to determine your earliest eligible date for each chapter.

If you want to check whether your prior discharge appears in court records, the free screener at 1328f.com covers all 94 federal districts and can help you verify your prior case details.

For a complete breakdown of every waiting period, including exceptions, see our waiting periods guide.

This site provides general information about bankruptcy law and does not constitute legal advice. No attorney-client relationship is created by using this site. Consult a licensed attorney for advice about your specific situation.